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Wednesday, June 14, 2017

Future of county’s practice of invocations before public meetings hangs in the hands of the 6th Circuit Court of Appeals

CINCINNATI—Today, attorneys from First Liberty Institute defend the longstanding practice of opening government
meetings with invocations before the full U.S. Court of Appeals for the Sixth
Circuit.First Liberty’s legal team will
argue on behalf of Jackson County, Michigan, in the case of Bormuth v. County of Jackson.

“Legislatures at the federal, state, and local levels nationwide
have opened their sessions with invocations for more than two centuries, as the
Supreme Court has twice recognized in upholding this widely accepted practice,”
said Ken Klukowski, Senior Counsel at First Liberty.“Jackson County’s invocations are fully
consistent with the Constitution and the Supreme Court’s guidance on this
issue.”

A local activist sued the commissioners of Jackson County, arguing
that their tradition of beginning monthly meetings with an invocation violates
the First Amendment. A federal district court judge upheld Jackson County’s
practice of allowing each of its nine commissioners to have rotating
opportunities to deliver a voluntary invocation. A three-judge panel of the
Sixth Circuit reversed the lower court’s ruling in a 2-1 decision. But the
Cincinnati-based appeals court decided to hold a rare en banc rehearing of the case, meaning all 15 judges of the court
will now hear the case.

In a similar case, First Liberty also represents the commissioners
of Rowan County, North Carolina (Lund v. Rowan County), which was heard en banc in March 2017 before the U.S. Court of Appeals for the Fourth
Circuit. If the Sixth Circuit and Fourth Circuit issue contradictory rulings,
the U.S. Supreme Court could well take up this issue again.

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Faith on Trial is where we examine the influence of law and society on Christianity. Here we will look at those cases and events that impinge on the rights of Christians to fully practice their faith. Join us every Tuesday morning at 9 or listen to our re-broadcast Tuesday evening at 9 (Central). The program can be heard on IowaCatholic Radio: 1150 AM; 88.5 & 94.5 FM and streaming on iowacatholicradio.com. Host is Attorney and Deacon Mike Manno.